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Opinions March 1, 2013

March 1, 2013
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The following 7th Circuit Court of Appeals opinion was posted after IL deadline Thursday:
United States of America v. Lamar E. Sanders
11-3298
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Joseph S. Van Bokkelen.
Criminal. Affirms convictions of kidnapping and extortion and 25-year sentence. Rejects Sanders argument that the District Court violated the Due Process Clause by admitting into evidence each of Timicka Nobles’ three identifications of him; his challenge to the District Court’s decision to limit cross-examination on Nobles’ prior convictions; and his claim that the District Court should have applied the lower of the two applicable mandatory minimum sentences.

Friday’s opinions
7th Circuit Court of Appeals

Securities and Exchange Commission v. First Choice Management Services Inc., et al.
12-3308
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Affirms $600,000 sanction against SonCo for contempt of court by not following a court order. The $600,000 is actually a gross understatement of the harm caused by SonCo’s contempt for failing to take over operation of Alco’s wells within 90 days as ordered.

Indiana Court of Appeals
Term. of the Parent-Child Rel. of: J.C. (Minor Child), and H.B. (Mother) v. The Indiana Dept. of Child Services (NFP)
26A01-1205-JT-207
Juvenile. Affirms termination of parental rights.

Kedrin Sweatt v. State of Indiana (NFP)

49A05-1209-CR-442
Criminal. Affirms 105-year sentence for two counts of attempted murder, one count each of resisting law enforcement and robbery, and four counts of criminal confinement.

Patrick Griesehop v. State of Indiana (NFP)
40A01-1207-CR-385
Criminal. Affirms seven-year sentence for Class C felony robbery.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
 

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  1. Judge Roger B. Cosbey is unethical and bias toward African American who seeks justice in Title VII claims. He disrespected and used his authority to attempt to intimidate me into taking an unfair settlement and when I refused he proceeded to get my case dismissed and to deny me my Constitutional and Civil Rights. He disobeying several rules of law; specifically, by ruling on summary judgment motions against the Fed. R. Civ. P., without authority of Judge William C. Lee, without consent of the attorneys, and with conspiracy to commit “fraud on the court,” as he conspired with my former attorney. He proved to me that he is bias, unethical, unfair and unfit to be reappointed. In my opinion, he should be disbarred in 2013, for committing fraud on the court, which would make him ineligible for reinstatement in 2014. See docket 3:07 cv 629 where he rules on dispositive motions, knowing magistrates are not vested with that power (especially without consent), grants the defendant an unconscionable number of extensions, accepts my former attorney request for extension for dispositive motion knowing he was working with the opposition, and unbelievably grants the defendant another extension after he requested an extension after he missed the deadline. I know another attorney filed charges against him for bias in race discrimination case(s). I know what he did in my case before he voluntarily recused himself, I just do not know how many other innocent people have been stripped of their rights because of him. I say shame on him and no more of the same.

  2. they are pushing these cases against lawyers too far. thought-crime.

  3. vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!

  4. Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.

  5. With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.

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